[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48070-48072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19986]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0254]
RIN 1625-AA11


Regulated Navigation Area, Zidell Waterfront Property, Willamette 
River, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a Regulated 
Navigation Area (RNA) at the Zidell Waterfront Property located on the 
Willamette River in Portland, Oregon. This RNA is necessary to preserve 
the integrity of an engineered sediment cap as part of an Oregon 
Department of Environmental Quality (DEQ) required remedial action. 
This proposed RNA will do so by prohibiting activities that could 
disturb or damage the engineered sediment cap.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 7, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0254 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail MST1 Jaime Sayers, Waterways Management Division, 
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, e-
mail [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0254), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0254'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\; by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may

[[Page 48071]]

change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0254'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before September 7, 2011 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis and Purpose

    The Zidell Waterfront Property is placing an engineered sediment 
cap over contaminated sediments adjacent to the west bank of the 
Willamette River between approximate river miles 13.5 and 14.2 as part 
of an Oregon Department of Environmental Quality (DEQ) required 
remedial action. Geographically this location starts at approximately 
the West bank of the Marquam Bridge and continues southerly, along the 
west bank of the Willamette River to the North end of Ross Island.
    The engineered sediment cap is designed to be compatible with 
normal port operations, but could be damaged by other maritime 
activities including anchoring, dragging, dredging, grounding of large 
vessels, deployment of barge spuds, etc. Such damage could disrupt the 
function or impact the effectiveness of the cap to contain the 
underlying contaminated sediment and shoreline soil in these areas. As 
such, this RNA is necessary to help ensure the cap is protected and 
will do so by prohibiting certain maritime activities that could 
disturb or damage it.
    The engineered sediment cap will also reduce the depth of the water 
close to the west bank of the Willamette River and, as a result, may 
limit some vessels from using that area of the river.

Discussion of Proposed Rule

    The proposed rule would create an RNA covering all waters adjacent 
to the Zidell Waterfront Property on the Willamette River extending 
from the west bank of the river out 200 to 400 feet into the river 
depending on the exact location between approximate river mile 14.2 
near the Ross Island Bridge and approximate river mile 13.5 near the 
Marquam Bridge.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. The Coast Guard has made 
this determination based on the fact that the RNA is limited in size 
and will not limit vessels from transiting or using the waters covered, 
except for activities that may damage the engineered sediment cap.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels operating in the area covered by the RNA. The RNA 
would not have a significant economic impact on a substantial number of 
small entities, however, because the RNA is limited in size and will 
not limit vessels from transiting or using the waters covered, except 
for activities that may damage the engineered sediment cap.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact MST1 Jaime Sayers, Waterways 
Management Division, Marine Safety Unit Portland, Coast Guard; 
telephone 503-240-9319, e-mail [email protected]. The Coast Guard 
will not retaliate against small entities that question or complain 
about this proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 48072]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the creation of a regulated navigation area. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.1337 to read as follows:


Sec.  165.1337  Regulated Navigation Area, Zidell Waterfront Property, 
Willamette River, OR.

    (a) Regulated Navigation Area. The following area is a regulated 
navigation area: All waters within the area bounded by the following 
points: 45[deg]29'55.12'' N/122[deg]40'2.19'' W; thence continuing to 
45[deg]29'55.14'' N/122[deg]39'59.36'' W; thence continuing to 
45[deg]29'56.30'' N/122[deg]39'59.09'' W; thence continuing to 
45[deg]29'57.51'' N/122[deg]39'59.64'' W; thence continuing to 
45[deg]29'58.72'' N/122[deg]39'59.64'' W; thence continuing to 
45[deg]30'0.52'' N/122[deg]39'59.94'' W; thence continuing to 
45[deg]30'1.95'' N/122[deg]40'0.46'' W; thence continuing to 
45[deg]30'3.44'' N/122[deg]40'0.78'' W; thence continuing to 
45[deg]30'4.87'' N/122[deg]40'0.95'' W; thence continuing to 
45[deg]30'7.33'' N/122[deg]40'1.80'' W; thence continuing to 
45[deg]30'8.11'' N/122[deg]40'2.69'' W; thence continuing to 
45[deg]30'8.83'' N/122[deg]40'3.81'' W; thence continuing to 
45[deg]30'13.06'' N/122[deg]40'5.39'' W; thence continuing to 
45[deg]30'15.30'' N/122[deg]40'6.93'' W; thence continuing to 
45[deg]30'17.78'' N/122[deg]40'8.16'' W; thence continuing to 
45[deg]30'20.53'' N/122[deg]40'9.07'' W; thence continuing to 
45[deg]30'20.90'' N/122[deg] 40'11.52'' W; thence continuing to 
45[deg]30'24.04'' N/122[deg]40'12.53'' W; thence continuing to 
45[deg]30'23.79'' N/122[deg]40'14.87'' W; thence continuing along the 
shoreline to 45[deg]29'55.12'' N/122[deg]40'2.19'' W.
    Geographically the regulated navigation area covers all waters 
adjacent to the Zidell Waterfront Property on the Willamette River 
extending from the west bank of the river out 200 to 400 feet into the 
river depending on the exact location between approximate river mile 
14.2 near the Ross Island Bridge and approximate river mile 13.5 near 
the Marquam Bridge.
    (b) Regulations. All vessels are prohibited from anchoring, 
dragging, dredging, or trawling in the regulated navigation area 
established by this section. See 33 CFR part 165 subpart B for 
additional information and requirements.

    Dated: July 6, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2011-19986 Filed 8-5-11; 8:45 am]
BILLING CODE 9110-04-P